EFTA02502308

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From: Boris Nikolic Sent: Monday, May 4, 2015 9:55 PM To: jeffrey E. Subject: RE: FW: OK Just a quick question — do I need something like that this promissory notes expires on May 15th or so. If they do not counter sign, there is a chance of dispute or default. I would rather have an expiration on it From: jeffrey E. [mailto:[email protected]] Sent: Monday, May 4, 2015 2:52 PM To: Boris Nikolic Subject: Re: FW: the clawback is not davids problem., it is yours. gunderson has not moved your closer for 6 months now. , forget them and get it done on Mon, may 4, 2015 at 5:43 PM, Boris Nikolicrote: Please see a comment below. What do you think? Gunderson was always very worry about clawback issue B From: Steve R. Ray EFTA_R1_01630533 EFTA02502308 Sent: Monday, May 4, 2015 11:49 AM To: Boris Nikolic Subject: RE: Hi Boris, I realize from your perspective that Jeffrey's approach is attractive as you don't have to come out of pocket for the $400k up front. I just want to make sure you understand the clawback exposure. David won't sign up for any clawback, which effectively leaves you on the hook. Depending on the performance of Blue Talon and Digisite in relation to the rest of the companies in the Fund, the exposure could be significant — well in excess of $400k. In addition, the proposed form of agreement is different from the draft we tendered and the signed copies that came back, so it will take additional time for them to digest. I jus